professor william allan kritsonis-sexual harassment in the educational workplace
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8/20/2019 Professor William Allan Kritsonis-Sexual Harassment in the Educational Workplace
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Sexual Harassment inthe Education Workplace
PUBLIC SCHOOL LAW
Lecture Notes
William Allan Kritsonis, PhD
8/20/2019 Professor William Allan Kritsonis-Sexual Harassment in the Educational Workplace
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The History of Legislation
On the job sexual harassment is not a recent
problem, although legal liability for it is. Thefirst court case decided on the issue of
sexual harassment was under Title VII in
19!.
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Laws
"i#il $ights %ct of 1&1
' "reates liability for anyone acting on behalf of astate who causes the depri#ation of any rights,
pri#ileges or immunities secured by the
"onstitution and federal laws if the person acts
with (deliberate indifference.)
*hat is (deliberate indifference+)
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Deliberate Indifference
(The conscious or recless disregard of the
conse-uences of ones acts or omissions.)
/ource0 The ectric aw ibrary exicon
www.lectlaw.com
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Laws
Title I2 of the 3ducation %mendments of
194 ' 5rohibits sex discrimination in educational
institutions recei#ing federal funds.
' 6uid pro -uo and hostile en#ironment are
considered forms of gender discrimination underthis act.
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The Law
3-ual 5rotection "lause of the 17th %mendment
to the "onstitution Title VII of "i#il $ights %ct of 19!7
' $ecogni8es two forms of sexual harassment
' /ets out monetary damages for compensatory and
puniti#e damages
"i#il $ights %ct of 1991 ' "reates both public and pri#ate liability for acts of
sexual harassment by super#isors and employees.
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Definition
nwelcome /exual ad#ances, re-uests for
sexual fa#ors, and other inappropriate #erbalor physical conduct of a sexual nature when
made by any member of the school staff to
another staff member or student: when made
by any student to a staff member: or whenmade by any student to another student.
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Two Types of Sexual Harassment6uid 5ro 6uo
/imply stated0 (you do something for me and I;ll dosomething for you) ' /ubmission to conduct is made expressly or by implication
a term or condition of an indi#idual;s employment
' /ubmission to or rejection of the conduct is used or
threatened to affect the employee;s or student;sperformance
' /ubmission to or rejection of the conduct is used orthreatened to be used as a basis for employment oreducational decisions.
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uid !ro uo
6uid 5ro 6uo sexual
harassment occurs
when a person in
authority, usually a
super#isor, demands
sexual fa#ors of a
subordinate as acondition of getting or
eeping a job benefit.
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Hostile En"ironment
%ny unwelcome sexually oriented conduct oratmosphere that is so se#ere or per#asi#e that it is
intimidating or offensi#e to a (reasonable person) ofthe same gender as the #ictim.
It may be unwelcome and create a hostileen#ironment for persons other than the #ictim whoare present at the time the beha#ior occurs.
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Hostile En"ironment
3mployee suffers repeated abuse by ahostile wor en#ironment. /uch anen#ironment arises when a co<worer orsuper#isor, engaging in unwelcome andinappropriate sexually based beha#ior,renders the worplace atmosphereintimidating, hostile or offensi#e.
% hostile wor en#ironment can representdiscrimination under Title VII.
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Sexual Harassment
/exual =arassment may include0
Verbal harassment or abuse ' /exual innuendo
' /uggesti#e comments
' Insults
' =umor and joes about sex or gender ' /exual propositions
' Threats accompanied by implied or explicit threatsconcerning one;s job, grades, etc.
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Sexual Harassment
/exual =arassment
may include0
>on<Verbal harassment ' /uggesti#e or insulting
sounds
' eering
' *histling ' Obscene gestures
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Sexual Harassment
/exual =arassment
may include0
5hysical harassment ' Touching
' 5inching
' ?rushing the body
' "oerced sexual acti#ity
' assault
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Who is Liable#
The /chool @istrict has iability
' *hen an official decision to (not act) is made by the@istrict.
' *hen the school district new the harassment wasoccurring.
'
*hen the harassment was occurring in a contextsubject to the school district;s control.
' *hen the school district;s deliberate indifferencecauses students or staff to undergo harassment ormade students or staff #ulnerable to it by failing to
tae action.
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Indi"idual Liability
=arassment by an 3mployee or Teacher
' Ao#ernment immunity may not always protect schoolofficials.
/uper#isors or principals may be liable if0The school official recei#ed notice of a pattern of improper
acts committed by a teacher or employee.The school official demonstrated (deliberate indifference.)The school official failed to tae sufficient remedial action.Bailure to tae action caused injury to the employee or
student.
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$s an Employee% What is &our
'esponsibility#
/chool personnel ha#e aresponsibility to protect
students and staff from nownor reasonably foreseeableharm occurring during or inconnection with schoolacti#ities
/chool personnel are
responsible for properlymonitoring and discipliningsubordinates such as teachersor employees o#er whom theyexercise authority.
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What can you do to help pre"ent or
stop sexual harassment in school#
$ecogni8e what it is and when it is
occurring. Tae all reports of harassment seriously.
*hen you obser#e inappropriate beha#iors,
tae inter#ening steps.